DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Digestive Health Pty Ltd T/A The Digestive Health Centre
(AG2014/10016)

DIGESTIVE HEALTH NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 23 DECEMBER 2014

Application for approval of the Digestive Health Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Digestive Health Nurses Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Digestive Health Pty Ltd, trading as The Digestive Health Centre. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 30 December 2014. The nominal expiry date of the Agreement is 29 December 2018..

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Digestive Health Pty Ltd T/A The Digestive Health Centre applied to the Fair Work Commission for the approval of the Digestive Health Nurses Enterprise Agreement 2014. The company sought to have the agreement registered, as it had been negotiated and agreed upon by both parties. The application faced opposition from the Australian Health Services Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was a bona fide enterprise agreement and whether it complied with the procedural and substantive requirements set out in the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement had been genuinely negotiated, if it had been properly certified, and if it adhered to the statutory obligations under the Act.

The Fair Work Commission determined that the agreement was genuinely negotiated and certified. The Commission found that the process followed adhered to the necessary procedural requirements, including the notification and consultation processes. It was also established that the agreement met the substantive criteria, including the provisions regarding minimum wages, leave entitlements, and other conditions of employment. Given these findings, the Commission approved the Digestive Health Nurses Enterprise Agreement 2014.

The Fair Work Commission ordered the registration of the Digestive Health Nurses Enterprise Agreement 2014. This decision confirmed the agreement as a valid and enforceable enterprise agreement between Digestive Health Pty Ltd and the relevant employees.

Digestive Health Pty Ltd T/A The Digestive Health Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established